On behalf of CSPI and MPP, Earthjustice recently filed a lawsuit in federal court against FDA for failing to respond to our 2011 petition requesting the Agency to give consumers clear, accurate and accessible information about mercury in seafood (as recent press reports explain.) The lawsuit seeks a court-ordered deadline since under its own regulations, FDA had 180 days to respond and its failure to do so violates federal law. In 2004, FDA acknowledged MeHg exposure risks when it issued an online advisory based on now outdated research. Several recent studies suggest adverse effects at exposure levels 10-fold lower than those considered acceptable a decade ago.
As world governments bask in the celebration prepared by the government of Japan for the newly minted Minamata Convention on Mercury, ZMWG is calling on all countries – including Japan – to help stem the rise of Asia as the world’s mercury trading hub. “Traders are increasingly circumventing the export bans imposed by the EU and US by seeking safe havens, particularly in Asia,” said Richard Gutierrez, director of Ban Toxics in the Philippines. Under the Minamata Convention, the trade in mercury will be controlled, largely through an informed consent procedure. However, 50 countries will need to ratify the treaty before it comes into legal force. “While there are alternatives to mercury and controls for major sources, there is no alternative to international cooperation,” said Michael Bender, ZMWG Coordinator. ”Let’s turn these good intentions into meaningful action on the ground so that developing countries don’t bear the brunt of toxic trade.”
New California regulations require manufacturers to ensure recycling of an increasing percentage of thermostats or risk facing an enforcement order which could require costly fixes, according to news sources. “This is a watershed moment when it comes to this particular product and collection,” said David Lennett, senior attorney at the NRDC. Laws in Illinois and Rhode Island require similar rulemakings during 2014, Lennett blogged.
A manufacturer-run program for collecting mercury thermostats is failing to keep the toxic heavy metal out of the the environment, according to a new report, Turning Up the HeatII , released today. The report estimates that the industry recycling program has captured only 8% of mercury thermostats over the past decade, resulting in over 50 tons of mercury into the environment. “Companies that profited from the sale of mercury thermostats are shirking their responsibilities,” said MPP Bender in a statement that received extensive media coverage.
After four years of deliberation, a new global regime rises today that will govern toxic mercury worldwide. “Adoption of a global legal agreement on mercury is a major accomplishment,” said Michael T. Bender, co-coordinator of the Zero Mercury Working Group in an overview and a press release. “Yet the instrument is hampered by weak controls on mercury emissions from major sources like coal-fired power plants.” For more details, see a short summary of the key articles of the treaty. A more extensive summary explains more details along with some media coverage.
Joined by the EU, Canada and other developed countries, the U.S. opposed a separate health provision during the fourth (of five) mercury treaty negotiation earlier this week in Punta del Este, Uruguay. “This is an example of north–south double standard over whether health issues will be addressed equitably,” stated Michael Bender , MPP director, who provided a statement on behalf of the Zero Mercury Working Group during the negotiation. “Mercury is a basic human rights issue. Health strategies to address reducing exposure to mercury must be included in this treaty.”
Governments meeting at the 4th of 5 negotiations are running out of time to address key issues before finalizing a legally binding treaty on mercury. Most major issues remain unresolved and the Zero Mercury Working Group expressed concern over the lack of progress at such a late stage. “There has been no substantial progress on the biggest sources of mercury pollution nor in reconciling the different positions of governments,” said Michael Bender, ZMWG co-coordinator. Issues as straightforward as the phase out of mercury in products and processes and supply and trade did not progress any better, according to Bender. Barely visible in the draft treaty text are core requirements for the environmentally sound management of mercury, which are contingent on future decisions, and the issue of contaminated sites has only been minimally addressed.